What is the test for a plaintiff who does not reside in the forum district where the action is brought?
MultiRegion, United States of America
The following excerpt is from McMaster v. Spearman, Case No. 1:10-cv-01407-AWI-SKO (PC) (E.D. Cal. 2016):
A plaintiff who does not reside in the district where the action was brought "must persuasively demonstrate that requiring him to travel to the forum district for his deposition would, for physical or financial reasons, be practically impossible, or that it would be otherwise fundamentally unfair." Outsidewall Tire Litig., 267 FRD at 471, see also Aerocrine AB v. Apieron Inc., 267 FRD 105, 108 (D DE 2010).
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